Legal Opinion
McMahan v. Barnhart
District Court, W.D. Virginia
Decided July 19, 2005No. 2:05CV00005PublishedCited by 2 opinions
1Opinion of the Court
OPINION
JONES, Chief Judge.
In this Social Security case, the Commissioner has moved to dismiss based on the statute of limitations. Because the plaintiff has not alleged any facts showing the proper application of equitable tolling, I will grant the motion and dismiss the action.
I
Kenneth H. McMahan filed this action challenging the final decision of the Commissioner of Social Security (“Commissioner”) denying his application for disability insurance benefits under the provisions of the Social Security Act, 42 U.S.C.A. §§ 401-433 (West 2003 & Supp.2005). In response, the Commissioner has moved…
2Cases cited7 opinions
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Fayetteville Investors v. Commercial Builders, Incorporated American Casualty Company of Reading, Pennsylvania, Inc.Court of Appeals for the Fourth Circuit · 1991
- Mikhail Matsibekker v. Margaret M. Heckler, Secretary of the Department of Health and Human Services of the United StatesCourt of Appeals for the Second Circuit · 1984
- Rouse v. HarrisDistrict Court, D. New Jersey · 1980
- Bartolomie v. HecklerDistrict Court, N.D. New York · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Boatley v. Commissioner of Social Security AdministrationDistrict Court, D. South Carolina · 2022
- Johnston v. Commissioner of Social SecurityDistrict Court, N.D. West Virginia · 2018